TERMS AND CONDITIONS

Terms and Conditions 

Terms and Conditions for supply of services from The Darcy Group, also referred to as "we", "us", “contractor” and "our"

By making the deposit payment you are agreeing to the terms and conditions detailed below, and from that point forward have entered a contact with us.

Our main obligation – to do the work we will carry out the work:

with reasonable care and skill and to a reasonable standard, by the end of the contract period but this term does not make time an essential condition.

1.  Our quotations are produced with as much detail as possible to avoid any misunderstandings. If something is missing that you would like included, please let us know and we will revise the quotation accordingly. Any additional works found necessary are to be agreed with the client and a separate revised or extra contract quotation provided. 

·   A quotation is a formal offer made by the contractor to the client within a hard copy or electronic document, headed with the title ‘Quotation’, no other document is intended to be an offer and is not recognised or may be relied upon as such. A quotation price may alter if unforeseen circumstances arise which lead to greater costs being incurred by the contractor. 

·  An ‘estimate’ is a formal offer made by the contractor to the client within a hard copy or electronic document, headed with the title ‘Estimate’ or ‘Estimation’’, no other document is intended to be an offer and is not recognised or may be relied upon as such. An estimate is an estimation of cost, not a definitive quotation and may be subject to variation or change.

·  A contract with The Darcy Group constitutes an offer by the client, to purchase goods and/or services in accordance with these terms and conditions. The customer is deemed to have read and satisfied themselves of the accuracy and content of the contract offer in terms of specification, charges, price and meaning of terms and descriptions as outlined in a ‘Quotation’ document headed and conspicuously identified as a ‘Quotation’, ‘Estimate’ or ‘Estimation’ provided by The Darcy Group. The client acknowledges that they have not relied on any statement, promise, representation, assurance warranty or offer which is not set out in a document supplied by the contractor titled ‘Quotation’, ‘Estimate’ or ‘Estimation’. Any verbal estimate given to the client by The Darcy Group will always be supported by a written quotation or estimate.

·  You must pay for an additional service provided by us that are not specified in the quotation in accordance with our then current, applicable hourly/daily rate. Extras will only be undertaken further to both full discussion with the client, and, verbal or written agreement, and charged at the agreed rate. If you want to amend any details of the Services, you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you. Any proposed change to the Scope of Works requested by the Client must be made in writing to the Contractor. Additional charges may apply.

·  The Client accepts and acknowledges that the Contractor’s quotation or estimate includes solely the Scope of Works expressed and
described therein. Whilst the Contractor has taken all reasonable care in the preparation of the quotation/estimate, the Client accepts that
additional Works may be required and will be charged as a variation.

·  It is the Client’s responsibility to ensure that the description of the Scope of Works on the Contractor’s quotation/estimate is correct and
complete (including, but not limited to, product selection, methodology of the Works, quality, and appearance of the finished products) and
that all other project specifics are expressly included, and to notify the Contractor of any errors and/or omissions before acceptance of the
quotation/estimate.

·  The Contractor’s quotation/estimate is prepared on the basis that all Works shall be undertaken during the Contractor’s normal working
hours. In the event that the Client requires the Contractor to work outside normal business hours (including, but not limited to, extended
hours, weekends and/or public holidays), then the Contractor reserves the right to charge the Client additional labour costs agreed upon in
the quotation, variation or any other from provided to the Client by the Contractor (chargeable rates may apply), unless otherwise agreed between
the Contractor and the Client.

·  If unexpected work arises, we will tell you and ask how you want us to proceed. 

2.  The Deposit is non-refundable unless we fail to provide the Services and are at fault for such failure (where the failure is not our fault, no refund will be made). Cancellation and amendment. The Deposit is non-refundable unless we fail to provide the Services and are at fault for such failure (where the failure is not our fault, no refund will be made). 

·  Accepting a written quotation, estimate or estimation from The Darcy Group and agreeing to the commencement of works will allow these terms and conditions to come into effect. By way of a verbal or written or emailed purchase order from the client for products, goods and or services [with or without an accompanying deposit payment], the client enters into a contract with The Darcy Group.

·  To secure a guaranteed date for the commencement of works, deposit must be made within 3 days of accepting the quotation, failure to do so may result in the specified dates not being available.

Cancellation and amendment

We can withdraw, cancel, or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 1 day from the date of quotation, (unless the quotation has been withdrawn).

3.  Payment can be made via Bank Transfer, by cheque or in cash and a receipt for payment will be given upon request. Bank Transfer details can be found at the bottom of your invoice. Payment in full is due upon completion of the contract and presentation of the associated invoice. Part payments, interim payments and deposits will be agreed prior to commencement of works.

·  If a payment is not paid in full according to an agreed payment schedule The Darcy Group reserves the right to terminate the contract and will recover all monies and costs owed by the client.

4.  A 'contract' with The Darcy Group is an agreement by the client to have work undertaken based on a Proposal submitted directly to the client and is a clear and straightforward undertaking between the two parties to form a contract. An informal verbal estimate, verbal or written price guide received by the client, or any other document, in this context does not amount to the formation of a contract.

5.  The Darcy Group and the client to agree practical arrangements on working methods that provide minimum disruption to the client and allow work to be carried out efficiently by the team. In the event of unforeseen difficulties arising, or any other circumstantial changes, the quotation price or estimated cost may be revised to reflect the situation at hand before or after commencement of work.

6.  The 'Contract duration' is to be used as a guide only and will not affect the agreed contract price i.e., if a contract takes longer than expected no extra charges will be levied unless previously agreed and conversely if good progress is made and a contract takes less time to complete than expected, the client should not expect to receive a discount.

7.  No responsibility is taken by ourselves for the presence of perished, infested, or rotten timber (or any other perished, infested, or rotten materials) in existing structures such as doors, constructional or other timbers, windows and frames whether detected or undetected at the time of contract. Protection of existing surfaces (floors, carpets, curtains, doors, and furniture etc). Whilst we endeavour to protect existing surfaces with the use of dust sheets and loose plastic sheeting etc along with care in our working practice, responsibility for protection from damage of any existing surface or fabrics etc is the responsibility of the client. 

8.  Contractor shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted,
paved or grassed areas, ceiling tiles and panels, face brickwork and rendered masonry services) unless due to the negligence of the
Contractor. We are not responsible to do deep clean upon completion of works, we will do a basic clean on the area works were carried out, but any additional will be the responsibly of the property owner.

9.  The Darcy Group are not liable to any damaged caused by pre-existing infrastructure including but not limited to; Plumbing, boiler, water, electric, gas, carpentry work etc. 

10.  We will endeavour to employ a helpful attitude at all times and will always attempt to bring the building works to a satisfactory conclusion as soon as possible taking into account weather conditions and availability of specialist materials and unforeseen circumstances etc.

11.  The Client shall advise the Contractor of all colours, materials, fixtures, and fittings selected (including, but not limited to, tiles, carpet etc)
within five (5) days of the commencement of the Works (unless otherwise agreed). Failure to do so may result in time delays.

12.  The Works commencement date will be put back and/or the completion date extended by whatever time is reasonable in the event that the supplies/materials need to be sent back and replaced due to manufacturing issues, or delays on supplies, no fault of our own.

If completion is delayed by an event beyond the Contractor’s
control, including but not limited to any failure by the Client to:
(a) make a selection; or
(b) have the site ready for the Works; or
(c) notify the Contractor that the site is ready.
Any delays due to the Client’s failure in accordance with this, or due to incorrect, inappropriate, missing or damaged materials
supplied by the Client, may result in delays in completion.

13.  The Client and the Contractor shall comply with the provisions of all statutes, regulations, and bylaws of government, local and other public
authorities that may be applicable to the Works.

The Client shall obtain (at the expense of the Client) all licenses, approvals, applications and permits that may be required for the Works,
which are not included in the project documents provided by the Contractor.
The Client agrees that the site will comply with any work health and safety laws relating to building/construction sites and any other relevant
safety standards or legislation.

14.  If agreed by contactors and client that we are providing labour-only services, you are to provide all products, materials, fittings and similar, which are needed for the work. If you do not provide these or ask us to transport or collect these items, this may result in delays.

15.  All stock needs to be checked by the client and reported back to us within 24hours of receiving items, failure to do so may cause further costs to yourself, which we are not liable for.

16.  We will if requested by client at an additional cost indicated in quotation/invoice will have a third party remove all rubble, surplus materials, rubbish, tools and scaffolding on the site and leave it clean and tidy. We will not be responsible for removing any items you, or any person we don’t control, place on the site.

17.  Final payment will be due in full within 72 hours of receipt of email, if you do not pay within the period set out above, we will charge you interest at the rate of £100.00 each week on the amount outstanding until payment is received in full. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except unless agreed by Contractor.

18.  All building and other materials provided by the main contractor remain the property of The Darcy Group until full and final payment is received via Bank Transfer, cleared cheque or cash. Unless otherwise agreed in a quotation (or other document), surplus building materials, waste materials and off cuts etc remain the property of The Darcy Group. After final payment the client takes ownership of the; materials used to carry out the work only.

19.  We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for: a. any indirect, special or consequential loss, damage, costs, or expenses or;
b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.

20.  Neither of us are liable for any failure or delay in performing our obligations where such failure or delay results from any causes that is beyond the reasonable control of that party. Such causes include, but are not limited to; power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, act of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these conditions.

21.  All customers will benefit from a full guarantee on our workmanship for a period of 24 months. Guarantees on materials run in accordance with manufacturer's warranty periods where applicable. In the event of a failure beyond these guarantee periods we will be happy to investigate the cause and negotiate a solution to the problem without delay and carry out any agreed repairs as soon as possible. Some charges may apply for remedial work carried out beyond guaranteed dates or for repairs that are not covered by our guarantee.

22.  All client information is retained in accordance with the Data Protection Act 1988 and all personal and other client details will remain confidential. 

The information that we collect
We hold basic contact details relating to our customers and prospective customers in the form of telephone numbers, email addresses and postal addresses so that we can communicate with them as necessary and record the basic details of who we are contracting with. We also hold electronic copies of our correspondence sent to or received from our customers in accordance with GDPR regulations (Data Protection Act 2018) 

How we collect Personal Data
We use basic sources of information only which include:

Information about you that you give to us by entering information via our websites email enquiry page or our social media pages or by corresponding with us by phone, email or otherwise. The information you give to us includes your name, contact details (such as phone number, email address and postal address), enquiry details and sometimes includes your opinion of our products and services.

How we use your information

The Darcy Group will only use the Personal Data for the benefit of its customers or for some other lawful purpose. For example, we may use your Personal Data:

• To correspond and communicate with you
• For logistical purposes i.e. to arrange deliveries etc
• For general administration including managing your queries
• For the prevention of fraud and other criminal activities
• To undertake credit checks for finance (if applicable)
• For information security in order for us to take steps to protect your information against loss or damage, theft or unauthorised access
• To comply with a request from you in connection with the exercise of your rights
•To enforce or protect our contractual or other legal rights 

We will never share your Personal Data with a third party.

Where your information is stored and how it is kept secure
We hold your information in our secure computer systems and in some cases in hard form in our offices customers in accordance with GDPR regulations.

How long your information will be held
If we collect your Personal Data, the length of time we retain it is determined by a number of factors including the purpose for which we use that data and our obligations under other laws however we do not retain Personal Data in an identifiable format for longer than is necessary. The only exceptions to this are where:

The law requires us to hold your Personal Data for a longer period, or delete it sooner

You exercise your right to have the information erased (where it applies) and we do not need to hold it in connection with any of the reasons permitted in this paragraph, or because we are required under the law (see further Erasing your Personal Data or restricting its processing in section 8 below)

Marketing
We do not use your Personal Data for marketing purposes.

Your rights as a Data Subject

Accessing your Personal Data
You have the right to ask for a copy of the information that we hold about you (in accordance with GDPR legislation) by emailing or writing to us at the address in paragraph 9 of this privacy notice. 

Correcting and updating your Personal Data
The accuracy of your personal data is important to us. If you change your name or address/email address, or you discover that any of the other information we hold is inaccurate or out of date, please let us know by contacting us at the contact details provided in section 9.

Erasing your Personal Data or restricting its processing
In certain circumstances, you may ask for your Personal Data to be removed from our systems by emailing or writing to us at the address in paragraph 9 of this privacy notice. Unless there is a reason that the law allows us to use your Personal Data for longer, we will comply with your request.

Your ‘data subject’ rights
You have a number of rights in relation to your Personal Data under GDPR. We may ask you for information to confirm your identity in order to help us search for your Personal Data. Except in rare cases, we will respond to you within 30 days after we have received a request for information regarding ‘data subject’ rights.